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RAVI CHEEMALAPATI
Annem Dhanamma – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Ravi Cheemalapati, J. - This Criminal Petition is filed under Sections 438 of Criminal Procedure Code ('Cr.P.C' in short), seeking anticipatory bail, by the petitioners/Accused Nos. 5 and 6 in Crime No. 73 of 2022 of Gajulamandyam Police Station, Tirupathi Urban District, registered for the offences punishable under Sections 307, 323, 324 read with 34 IPC.
2. The case of the prosecution, in brief, is that on 28.05.2022 at about 7.30 a.m., there was a quarrel between A.2 and Shakunthala and then Jagadish, who is son of Shakunthala came and questioned A.2 and the villagers pacified the same. Keeping the said incident in mind, on 29.05.2022, A.1 to A.4 picked up quarrel with Jagadish and beat him with hands, kicked with legs, assaulted with an iron rod and right eye, caused bleeding injuries and when Jagadish tried to escape from them, A.5 and A.6 caught hold him and beat him with hands and bitten on his back and caused bleeding injuries. Hence, the above crime was registered against the petitioners.
3. Heard Sri P.S.P. Suresh Kumar, learned counsel for the petitioners and Sri Soora Venkat Sainath, learned Special Assistant Public Prosecutor for the respondent-State.
4. Learned c
The absence of ingredients of a specific criminal offence and the need to balance apprehensions raised by the prosecution with the right of the accused to seek anticipatory bail.
The gravity of the offense, injuries sustained by the complainant, and the necessity of custodial investigation are crucial factors in determining the entitlement to anticipatory bail.
Grant of anticipatory bail based on lack of specific overt acts or allegations against the petitioners.
The consensual nature of a relationship and the potential impact of granting anticipatory bail on the investigation were central to the court's decision.
Anticipatory bail can be granted when the allegations do not involve severe penalties, and the accused is required to cooperate with the investigation.
The main legal point established in the judgment is the court's discretion in granting anticipatory bail, emphasizing the importance of the petitioner's cooperation with the Investigating Agency and ....
The main legal point established in the judgment is the consideration of the progress in the investigation, the absence of the need for custodial interrogation, and the permanent residency of the acc....
The main legal point established is the balancing of the need for custodial investigation with the rights of the petitioner in the grant of anticipatory bail.
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